How cited: Heritage Resources, Inc. v. Caterpillar Financial Services Corp. · Go Syfert

Heritage Resources, Inc. v. Caterpillar Financial Services Corp. (2009)

green · 91 citation events across 11 courts. Showing the 18 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 2009 → 2026 · click a year to view the case as of then
200920172026
Rule Authority · 6th Cir.
Corp., 774 N.W.2d 332, 345 (Mich. Ct. App. 2009).
Rule Authority · 6th Cir.
In Pack , we explained that “Michigan has abandoned the privity requirement for implied-warranty claims,” 434 F.3d at 820 , and Heritage left that proposition unchanged, 774 N.W.2d at 344 (noting confusion about whether the lack of contractual privity bars implied-warranty claims and refusing to address the issue).
noting confusion about whether the lack of contractual privity bars implied-warranty claims and refusing to address the issue
Rule Authority · 6th Cir.
Corp., 284 Mich.App. 617 , 774 N.W.2d 332, 343 (2009) (“[0]ur Supreme Court ... has previously held that for some remote purchasers it is unnecessary in actions for breach of implied warranty to establish privity of contract with the manufacturer.” (citing Piercefield v. Remington Arms Co., 375 Mich. 85 , 133 N.W.2d 129, 134-35 (1965))); see also Jetts v. Stewart Bldg.
“[0]ur Supreme Court ... has previously held that for some remote purchasers it is unnecessary in actions for breach of implied warranty to establish privity of contract with the manufacturer.” (citing Piercefield v. Remington Arms Co., 375 Mich. 85 , 133 N.W.2d 129, 134-35 (1965))
Quote Authority · Mich. Ct. App. · 3 citations in this opinion
Heritage Resources , 284 Mich. App. at 632 , 774 N.W.2d 332 .
"If there is no warranty because of a valid disclaimer, there is no problem of limiting warranty breach remedies."
Quote Authority · N.D. Cal. · 2 citations in this opinion
Corp. , 284 Mich.App. 617 , 774 N.W.2d 332 , 343 (2009) ("[The Michigan] Supreme Court...has previously held that for some remote purchasers it is unnecessary in actions for breach of implied warranty to establish privity of contract with the manufacturer.").
"[The Michigan] Supreme Court...has previously held that for some remote purchasers it is unnecessary in actions for breach of implied warranty to establish privity of contract with the manufacturer."
Rule Authority · D. Utah
Corp., 774 N.W.2d 332, 345 (Mich. App. 2009)).
Quote Authority · E.D. Mich.
Corp., 774 N.W.2d 332 , 343 n.12 (Mich. Ct. App. 2009) (“[P]rivity of contract is necessary for a remote purchaser to enforce a manufacturer’s express warranty.”)).
“[P]rivity of contract is necessary for a remote purchaser to enforce a manufacturer’s express warranty.”
green Lau v. Constable (2022)
Rule Authority · N.C. Bus. Ct.
Corp., 284 Mich. App. 617, 642 (2009) (holding that the broad language used in a settlement sufficed to release all claims because “[t]here cannot be any broader classification than the word ‘all[,]’ ” which “leaves no room for exceptions”). 2 The Court has not been presented with sufficient reason why the same rationale should not also apply to the transfer of “claims, causes of action, choses in action, rights of recovery and rights of set-off of any kind” by way of sale.
holding that the broad language used in a settlement sufficed to release all claims because “[t]here cannot be any broader classification than the word ‘all[,]’ ” which “leaves no room for exceptions”
Rule Authority · E.D. Mich.
Corp., 774 N.W.2d 332, 341 (Mich. Ct. App. 2009).
Quote Authority · Mich. Ct. App.
See Dresden v Detroit Macomb Hosp Corp, 218 Mich App 292, 297-298 ; 553 NW2d 387 (1996) (discussing the broad nature of release language pertaining “ ‘any and all’ causes of action” and concluding that it applied to bar a fraud claim); Heritage Resources, Inc v Caterpillar Fin Servs Corp, 284 Mich App 617, 642 ; 774 NW2d 332 (2009) (“There cannot be any broader classification than the word ‘all.’ In its ordinary and natural meaning, the word ‘all’ leaves no room for exceptio…
“There cannot be any broader classification than the word ‘all.’ In its ordinary and natural meaning, the word ‘all’ leaves no room for exceptions.”
Rule Authority · E.D. Mich.
Corp., 774 N.W.2d 332, 342 (Mich. Ct. App. 2009) (quoting Salzman v. Maldaver, 24 N.W.2d 161, 165 (Mich. 1946)).
quoting Salzman v. Maldaver, 24 N.W.2d 161, 165 (Mich. 1946)
Quote Authority · Mich. Ct. App.
Houghton v Keller, 256 Mich App 336, 339-340 ; 662 NW2d 854 (2003). -7- and all’ causes of action” and concluding that it applied to bar a fraud claim); Heritage Resources, Inc v Caterpillar Fin Servs Corp, 284 Mich App 617, 642 ; 774 NW2d 332 (2009) (“ ‘[T]here cannot be any broader classification than the word “all.” In its ordinary and natural meaning, the word “all” leaves no room for exceptions.’ ”) (citation omitted).
“ ‘[T]here cannot be any broader classification than the word “all.” In its ordinary and natural meaning, the word “all” leaves no room for exceptions.’ ”
Rule Authority · Bankr. W.D. Mich.
Corp., 284 Mich.App. 617 , 774 N.W.2d 332, 341-42 (2009) (concluding that Michigan law requires privity of contract “for a remote purchaser to enforce a manufacturer’s express warranty ”) (emphasis added).
concluding that Michigan law requires privity of contract “for a remote purchaser to enforce a manufacturer’s express warranty ”
Cited · Mich. Ct. App. · signal: see
See id. at 618-629 .
Cited · Mich. Ct. App. · signal: see
See Heritage Resources, Inc v Caterpillar Fin Servs Corp, 284 Mich App 617, 632 ; 774 NW2d 332 (2009).
Cited · Mich. Ct. App. · signal: see
See Heritage Resources, Inc v Caterpillar Fin Servs Corp, 284 Mich App 617, 638 ; 774 NW2d 332 (2009). 7 Although the parties do not suggest that the repair-or-replace provision at issue in this case is an implied warranty under Article 2, what all the warranties defined under Article 2, express or implied, have in common is that they relate to the character or quality of the goods, rather than to the remedies that are available should a buyer discover that the goods are def…
Cited · Mich. Ct. App. · signal: see
See Heritage Resources, Inc v Caterpillar Fin Servs Corp, 284 Mich App 617, 638 ; 774 NW2d 332 (2009).7 Although the parties do not suggest that the repair or replace provision at issue in this case is an implied warranty under Article 2, what all of the warranties defined under Article 2, express or implied, have in common is that they relate to the character or quality of the goods, rather than to the remedies that are available should a buyer discover that the goods are d…
Cited · Mich. Ct. App. · signal: see
See Heritage Resources, Inc v Caterpillar Fin Servs Corp, 284 Mich App 617, 632 ; 774 NW2d 332 (2009). 8 The uniform version of the act does not include a definition for “finder.” See Unif Sec Act (2002), art 1; 7C ULA at 22-47.